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Offense

Desertion

Offenses Against Public Safety and State Security

The unauthorized abandonment of a military post or duty by a member of the armed forces, without intent to return or, in the most serious cases, with intent to avoid a hazardous duty such as combat, distinguished under military law from the lesser offense of absence without leave, which lacks the same intent to permanently abandon service. In the United States, desertion is prosecuted under Article 85 of the Uniform Code of Military Justice, and desertion in a time of war has historically carried the possibility of a death sentence, though the last execution of a United States service member for desertion, Private Eddie Slovik, took place in 1945, and no service member has been executed for the offense since. Bowe Bergdahl's 2017 court-martial and guilty plea to desertion after leaving his post in Afghanistan in 2009 is among the most widely documented recent United States cases, resulting in a dishonorable discharge, reduction in rank and forfeiture of pay rather than imprisonment.

Facts
Classification Code
10 U.S.C. 885 (UCMJ Article 85) 1
Typical Penalty
In time of war, death or such other punishment as a court-martial may direct (10 U.S.C. 885) 1
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Has Offense Grade

Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.

Sources
1. 10 U.S. Code 885, Article 85, Desertion
  • Subsection (c)
    if the offense is committed in time of war, by death or such other punishment as a court-martial may direct
  • Subsection (a)
    Any member of the armed forces who
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